When talking about Compliance, it often sounds like it is the discipline that leads to complying with the law. The definition contains a problem if we consider that it would be defining a discipline with business, organizational and state scope, as a simple agreement to what should be the norm: comply with the law; something basic and inherent to all of us who organize ourselves in civilized societies.
When we look beyond the classic definition, we can advance on responsibilities and clarify: boards of directors, businessmen and public officials are not only responsible for management, but also for risks and their control. And that is where Compliance emerges, as the discipline that designs and supervises the implementation of processes and controls aimed at mitigating risks. What risks? All relevant ones that may compromise the entity’s strategic objectives. Hence, another belief is eliminated: that in Argentina Compliance is born as a consequence of the corporate criminal liability law 27,401 that mainly addresses the crime of corruption; quite the contrary, it goes much further. Indeed, the oldest and most applied analogous standard in the world, the FCPA of the United States, urges organizations to design internal control systems, which are not limited to corruption or the development of Codes of Ethics or to training to prevent it (the latter called in Argentina “Integrity Program”).
In this sense, if we were to analyze, for example, a purchasing process from a comprehensive perspective, whether for a private or state work, the controls will not only be circumscribed to prevent acts of corruption, but also to information (recording what corresponds to ), fraud prevention (for example, avoiding private bribery) and the effectiveness and efficiency of the processes (buying what is necessary, at an adequate price, term and quality). Certainly, the achievement of these objectives goes far beyond the implementation of integrity programs (Codes of Ethics, related policies and training, as essential elements), since it requires internal control systems led by professionals with proper university training. When we mention internal control systems, we refer to the design of processes, segregation of functions, authorization policies for critical transactions, restrictions on access to systems, the accounting system, transaction evidence systems, prevention of conflicts of interest, etc. It is therefore evident that with only Codes of Ethics it is not enough.
At the Universidad del Museo Social Argentino, a university with more than 60 years of experience, the Integral Compliance Executive Program will be held this year, aimed at those who must manage or supervise the Compliance function in an organization. Said program is dictated by managers and directors of leading organizations. In turn, different days are organized in basic education because these practices should be not only in universities but also in schools.
The Executive Program, which is aimed at professionals and executives, whether from public or private entities, locally and internationally, begins on April 10 and ends on July 5, has a workload of 48 hours distributed in 24 classes and grants university certification. and access to a network of professionals and congresses of excellence. For more information inscripciones@umsa.edu.ar.
Source: Ambito
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